Florida Birth Injury Lawyer
Your childbirth experience should be one to treasure and find joy in. But when you or your baby suffers a serious injury, it can have a dramatic impact on your lives for years to come. If your healthcare provider’s negligence caused your birth injury, you may have grounds for a medical malpractice lawsuit against them.
The thought of going to court may be overwhelming. Let us handle the legal details of your case while you focus on your family. Your compassionate birth injury attorney at Colson Hicks Eidson can help you hold the liable party accountable. Find out how to get started on your case when you contact our office for a free consultation today.
Common Types of Birth Injuries in Florida
Birth injuries are far more common than you might have thought. Although modern medicine has helped to make pregnancy, labor, and delivery safer for mother and baby, this does not account for human error.
In some lines of work, mistakes can happen without impacting anyone. But those who work in healthcare do not have that luxury. Their negligence can cost people their lives and have a considerable impact for years to come. Some of the more common types of birth injuries we have seen in court include:
- Cerebral palsy
- Brachial plexus birth injuries (Erb’s palsy)
- Caput succedaneum
- Fetal asphyxiation
- Subconjunctival hemorrhage
- Injuries caused by forceps
- Intrauterine fetal demise
- Hypoxic ischemic encephalopathy (HIE)
- Complications from vacuum extraction
- Maternal birth injuries
These are just a few of the more common types of birth injuries your family might be coping with. If you have suffered another type of maternal or childbirth-related injury, contact a respected birth injury lawyer to explore your legal options.
How to Win a Florida Birth Injury Claim
In order for your family to be awarded the compensation they deserve, you may need to be prepared to pursue both civil and malpractice insurance claims.
To win, your birth injury attorney will need to be able to show the insurance company and the court that there has been a breach in the medical standard of care. Here, if a healthcare provider makes a mistake that another provider of similar training and experience would not have made, the duty of care has been breached.
The liable healthcare provider could be anyone on your birth team, including:
- The hospital or birthing center
Your attorney will likely need to hire experts to testify that the actions of the healthcare providers in your case were not up to the medical standard of care. Make sure you have a legal representative who has the resources to handle birth injury cases of this magnitude. Call Colson Hicks Eidson for help.
What to Expect From the Florida Birth Injury Claims Process
As you move forward with your birth injury claim in Florida, you may be unsure of what to expect from the claims process. Generally, negligent healthcare providers are protected by malpractice insurance. After your child has suffered a birth injury, you can begin your case by filing a medical malpractice claim with their insurance provider.
However, insurance companies often fight back, even when victims have suffered injuries at the hands of their healthcare providers. Insurance companies also only cover certain types and amounts of economic damages. Any non-economic damages your family suffers can only be recovered through a civil claim.
After we begin negotiating with the insurance company, if it becomes clear that the insurer will not adequately compensate you for your damages, we will need to prepare to bring your case to court.
Birth Injury Statute of Limitations in Florida
The amount of time you will have to get your claim filed can vary depending on whether you file a personal injury claim or a medical malpractice lawsuit. Under Florida law, the statute of limitations for personal injury claims is as much as four years. However, if you are filing a medical malpractice lawsuit, the law only allows for up to two years.
For birth injury claims, it may not always be clear how long you have to pursue your case. For this reason, if you hope to avoid issues with the statute of limitation in your birth injury claim, make sure you have a trusted advocate handling the legal details of your case.
Compensation for Florida Birth Injury Victims
Families dealing with the trauma of birth injuries are entitled to be made whole. While no amount of compensation will change what you have been through, obtaining the compensation you are entitled to can help your family cover your costs both now and in the future. With this in mind, there are various economic and non-economic damages your family could be entitled to.
Economic damages are the most frequently thought of loss. This is because they have a fixed financial value and are easily proven with paystubs, bank statements, financial records, receipts, and other data. Some of the more common types of economic damages awarded in Florida birth injury claims include:
- Hospital bills
- Future medical care
- Transportation costs
- Diagnostic imaging fees
- Prescription medication fees
- Costs of medical equipment
- Loss of household services
- Property damages, where applicable
- Loss of income
- Diminished earning capacity
Non-economic damages can be more impactful than economic damages. Although they do not have a fixed financial value, it is up to your lawyer to quantify them to ensure they are accounted for accordingly. Some of the more common types of non-economic damages awarded in Florida birth injury claims include:
- Loss of consortium
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Reputational damage
Get Help From a Birth Injury Lawyer in Florida Today
Did your baby suffer a debilitating injury during childbirth? If so, your family may be entitled to financial compensation. Contact a reputable catastrophic injury attorney at Colson Hicks Eidson to schedule a free, no-risk case review.